Kansas sick leave law & call-off rules

Kansas requires no sick leave and no breaks — its teeth are in the exit paperwork: willful failure to pay wages due, including policy-promised PTO, draws a penalty of up to 100% of the unpaid amount. Here is what applies in 2026.

Kansas at a glance

Paid sick leave mandate None — local mandates preempted since 2013
Willful nonpayment penalty Up to 100% of unpaid wages on top of the wages themselves
Voting leave Up to 2 consecutive hours paid — not during the meal period
PTO at termination Policy controls; KDOL enforces the written policy, silence reads against the employer
Final paycheck deadline Next regular payday, fired or quit
Employment relationship At-will; public-policy and handbook exceptions
Meal & rest breaks None for adults

Is paid sick leave required in Kansas?

No. Kansas has no sick leave requirement, and K.S.A. 12-16,130 has preempted local benefit mandates since 2013. Your written policy plus the federal floor governs.

The federal floor that still applies

FMLA

Employers with 50+ employees within 75 miles must give eligible employees (12+ months tenure, 1,250+ hours in the past year) up to 12 weeks of unpaid, job-protected leave for a serious health condition — their own or a close family member's. FMLA-protected absences can't accrue attendance points, and a call-off that mentions an ongoing condition can be notice enough to trigger your FMLA obligations, even if the employee never says "FMLA."

ADA

For employers with 15+ employees, the ADA can require modified attendance expectations or unpaid leave as a reasonable accommodation for a disability. An attendance policy applied "no exceptions" is exactly the kind that loses ADA cases — build an accommodation carve-out into the policy itself.

Call-offs, no-call no-shows, and firing in Kansas

Kansas is at-will with the usual public-policy carve-outs (workers' comp retaliation, whistleblowing) and handbook implied-contract risk. Attendance enforcement is broad; the discipline that matters most is procedural — a termination's final check must include everything the written policy promises, because the Kansas Department of Labor enforces the policy as written and willful shortfalls double. A call-off hotline or text-based call-off system supplies the absence history that makes the underlying termination defensible.

PTO payout and final paychecks

Scenario Rule Source
Employee is fired or laid off Next regular payday K.S.A. 44-315
Employee quits Same — next regular payday K.S.A. 44-315
Unused vacation / PTO Policy controls — use-it-or-lose-it and no-payout clauses are lawful if communicated; silence tends to be read against the employer KDOL guidance
Willful nonpayment Penalty up to 100% of the unpaid wages K.S.A. 44-315(b)

The doubling exposure makes final-check completeness the Kansas priority — include whatever the policy promises, the first time. See how PTO accrual works.

Leave Kansas employers must (and must not) provide

Leave type Required? Notes
Voting Yes — paid Up to 2 consecutive hours while polls are open, less any non-working poll hours; employer sets the time but not during lunch
Jury duty Yes — unpaid Job-protected (K.S.A. 43-173)
Military Yes USERRA (federal) plus Kansas National Guard protections
Sick leave No Whatever your written policy provides
Meal & rest breaks No None for adults

The Kansas employer's attendance playbook

  1. Put it in writing. A written policy — call-off deadline and channel, points or steps, the no-call no-show rule, and carve-outs for legally protected absences — is what makes discipline defensible. Our attendance policy guide walks through it.
  2. Give call-offs one channel. "Tell whoever answers" is how records get lost. One number every employee texts or calls makes the record automatic.
  3. Log everything with timestamps. Unemployment hearings and discrimination charges are won on contemporaneous records, not recollections.
  4. Enforce consistently. Uneven enforcement converts a lawful termination into a discrimination claim.
  5. Screen call-offs for protected reasons before applying points — sickness that could be FMLA/ADA territory gets a different track than an overslept alarm.
Note: This is general information for Kansas private-sector employers as of 2026, not legal advice. Federal contractors and public employers have additional rules, and laws change. Confirm specifics with qualified counsel.

Comparing states? See all published guides on the state sick leave laws hub.

Frequently Asked Questions

No. Kansas has no sick leave requirement, and state law has preempted local mandates since 2013. Sick leave is whatever your written policy provides, plus federal FMLA and ADA obligations.

Per your written policy — no statute requires payout, and clearly communicated forfeiture clauses are lawful. But KDOL enforces the policy as written, silence tends to favor the employee, and willful nonpayment of wages due carries a penalty of up to 100% of the amount.

Up to 2 consecutive paid hours while polls are open, reduced by any non-working hours the employee already has during poll hours. The employer may pick the time, but not during the regular meal period.

By the next regular payday, whether the employee was fired or quit — with the 100% willful-nonpayment penalty as the enforcement stick.

Generally yes — at-will applies, limited by FMLA/ADA, workers' comp retaliation, whistleblower protections, and any binding promises in your own handbook.

Your written policy defines it — Kansas adds no statutory overlay. The standard structure, consistently applied, is fully enforceable.

Keep call-off records that hold up

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